UNITED STATES v. KNAPPKE

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA

October 22, 1954

UNITED STATES of America
v.
Ferdinand Julius KNAPPKE

The opinion of the court was delivered by: FOLLMER

Defendant, Ferdinand Julius Knappke, has been indicted for refusal to be inducted into the armed services of the United States of America in violation of Title 50 U.S.C.A.Appendix, § 462. Defendant entered a plea of not guilty and waived his right to trial by jury.

The file of Local Board No. 2, McKeesport, Pennsylvania, was offered in evidence. The pertinent facts, herein set forth, appeared therein. Defendant filed his questionnaire on November 30, 1951, claiming exemption as a minister and as a conscientious objector. The Special Form for Conscientious Objector was furnished by the Board and returned by defendant on December 17, 1951, with the claim for exemption from both combatant and noncombatant service executed by him.

The Hearing Officer rejected the registrant's belief in the tenets of the Jehovah's Witnesses sect on the sole ground that this religious organization sanctions 'theocratic war.'

The Department of Justice in its letter of recommendation to the Appeal Board referred to the Hearing Officer's conclusion 'that although registrant is a sincere adherent of the Jehovah's Witnesses sect the tenets of his sect which constitute his belief do not include opposition to war in any form * * *.' This theory was adopted by the Department of Justice as the basis of its recommendation of a I-A classification, and followed by the Appeal Board.

In view of the conclusion reached on the matter of 'conscientious objection', it becomes unnecessary to consider the effect of defendant's subsequent submission of his designation as a 'Pioneer' with the position of Bible Study Servant.
*fn1"

Defendant's motion for judgment of acquittal will be granted.

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